The 42nd Constitution Amendment Act, 1976 inserted Article 51A to prescribe Fundamental Duties which include, inter alia, (a) to abide by the Constitution and respect its ideal and institutions, the National Flag and the National Anthem, i.e., Jana Gana Mana. Surprisingly, although the Constituent Assembly conferred equal status on both the National Anthem and the National Song, Parliament in its wisdom ignored the National Song, i.e. Vande Mataram, and excluded it from this Amendment Act.
The debate around ‘Vande Mataram’ is not new and the reservations of the Muslim League as well as Mohammed Ali Jinnah are well recorded in the history. Equally, it is an undeniable truth that no other song inspired our freedom fighters including revolutionaries better then this song. This song, though composed by Bankim Chandra Chatterjee in 1875, was woven into his novel Anandamath in 1882. In this novel, British rule was welcomed by the Sannyasis in the context of misrule by Muslim regimes and the famine of 1776. Probably this was another reason for opposition and criticism against this song by the Muslim League. In 1937, there was fiery protest against the ‘Shree’ and ‘Lotus’ symbols in the emblem of Calcutta University. 1937 was also the birth centenary year of Rishi Bankim Chandra.
“Anandamath’ was burnt in the streets of Calcutta to denounce the celebration. Poet Jasimuddin was in favour of the burning and Rejaul Karim stood against it. Dr. Shyamaprasad Mukherjee, the Vice-Chanceller of Calcutta University invited Rabindranath Tagore for the convocation address but Muslim students boycotted his address, the first one in Bengalee, under the provocation of Muslim league. In this context and after the devastating opinion expressed against Muslim League in the 1937 election, Jinnah was compelled to take a tough stand against this historical song and apparently the Congress bowed down to it.
The adoption of the two first stanzas of Vande Mataram, even the phrase “Vande Mataram’, were not acceptable to Jinnah as in his opinion, it symbolized idolatry, which is against Muslim sentiment. More or less the same sentiment is being nurtured by Muslim leaders as well as many liberal and leftist groups till now. On 8-9 December 2025, there was a debate in Parliament to celebrate the 150th year of this great composition and during the debate, apparently there were two stands, one of the ruling NDA saying it was Congress and Nehru who compromised with the adoption of the song in its totality and the opposition, mainly Congress, which defended the stance of the party under Nehru, as advised by Subhash Chandra Bose.
Now the Central Government is willing to correct a historical wrong. In an effort to recognize the contribution of this song in the freedom movement, the Ministry of Home Affairs has issued an order on 11 February 2026 stating that all six stanzas of Vande Mataram’, including the last four that were dropped by the Congress in 1937 shall be sung at official functions and other occasions. It also mandates that when both the national song and national anthem are to be played or sung, the former shall be played or sung first. Some Muslim groups, the Left bloc and the All-India Muslim Personal Law Board have expressed their reservations against this move.
In Bengal, this has been interpreted by some politicians of the ruling party as pitting Rishi Bankim Chandra against Tagore. On 24 January 1950, when the Constituent Assembly were drawing to a close, President Rajendra Prasad addressed the Assembly saying, “It has been felt that, instead of taking a formal decision by means of a resolution, it is better if I make a statement about the song.” He continued, “Jana Gana Mana would be the national anthem, and the song Vande Mataram, which has played a historic part in the struggle for freedom, shall be honoured equally with Jana Gana Mana and shall have equal status with it,” to a round of applause.
In the Constituent Assembly, the first stanza of Jana Gana Mana was adopted as the National Anthem, and the first two stanzas of Vande Mataram were adopted as the National Song. Although the Constituent Assembly recognized both as having equal status, unfortunately their status is not equal in the Constitution or in law (The Prevention of Insults to National Honour Act, 1971). Section 3 of the Act prescribes: “Whoever intentionally prevents the singing of the Indian National Anthem or causes disturbance to any assembly engaged in such singing of the Indian National Anthem shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both.” However, no such deterrence is there in the case of insult to the National Song.
There is provision for enhanced penalty on second and subsequent convictions. So, national honour means honour to the Constitution, the National Flag and the National Anthem, but not the National Song. In compliance of this 1971 law and the Emblems and Names (Prevention of Improper Use) Act, 1950, the Flag Code of India, 2002 has also been issued. In the 42nd Amendment of 1976, Article 51A states that it is the duty of every citizen to show respect to the National Flag and the National Anthem. Prior to this, there was no mention of the National Anthem in the Constitution.
However, Article 51A(a) does not mention the National Song. The judiciary remains silent on this matter, and so the responsibility lies with Parliament. It is also relevant to mention that the 42nd Amendment also inserted two words ‘Socialist’ and ‘Secular’ in the Preamble of the Constitution. These amendments have empowered the liberal secular lobby and the higher judiciary looks the other way when any situation arises to restore the glory of Vande Mataram. The politics surrounding Vande Mataram during the freedom struggle and thereafter should now come to an end. The views of Rabindranath Tagore, Subhas Chandra Bose, and Jawaharlal Nehru on this matter might have been reasonable in the context of the 1937 situation.
Impliedly and presumably, the matter was left to the collective memory of the nation and the historical consciousness of citizens. However, even there, liberal historians have constructed a narrative in a way that has relegated the history of the freedom struggle as the Congress suggested. The notification issued by the Home Ministry has made it mandatory to sing the full “Vande Mataram” at Government and other official functions. However, what was truly desirable was an amendment to the Constitution to include the National Song in Article 51A(a) (Part IV), and a corresponding amendment to the 1971 Act.
That would have been a fitting tribute to the song on the occasion of its 150th anniversary. Apparently, the politics of the pre-partition era continues, and hence the position of the National song in the Constitution remains static and vulnerable, notwithstanding this Notification. Only Parliament, not any executive authority, has the power to bestow equal status to both parts of our heritage and to correct a historical wrong.
(THE WRITER IS A LAWYER, AUTHOR AND SOCIAL ACTIVIST.)